key: cord-279575-sv1xhxb5
authors: Hogan, William; Frost, Stephen; Johnson, Lissa; Schulze, Thomas G; Nelson, E Anthony S; Frost, William
title: The ongoing torture and medical neglect of Julian Assange
date: 2020-06-25
journal: Lancet
DOI: 10.1016/s0140-6736(20)31444-6
sha: 
doc_id: 279575
cord_uid: sv1xhxb5

nan

From a medical standpoint, the risks to Mr Assange's life and health have only grown more acute since Professor Melzer's warnings, for two main reasons. One involves the continued abuses of Mr Assange's fundamental human and legal rights at the hands of judicial, prison, and contracted security authorities, during his extradition proceedings.

The second concerns the grave medical risks posed to vulnerable prisoners during the COVID-19 global health emergency, and the exacerbation of Mr Assange's psychological torture under COVID-19 prison lockdown measures.

Pattern of abuses contributing to torture. Since our previous letter, Mr Assange has been the subject of six legal hearings (24) (25) (26) (27) 25 March, 7 April, 27 April, 4 May, and 1 June), which form part of our detailed timeline of events provided (TABLE   2) .

Mr Assange's treatment during the first phase of his extradition proceedings in February was described as "shocking and excessive" by the International Bar Association's Human Rights Institute (IBAHRI), which likened the abuses to those of the Abu Ghraib prison scandal (3) .

Throughout these and subsequent hearings, Mr Assange has been unable to engage in his own defence. He was held in a bulletproof glass enclosure at the back of the courtroom (4;5) during the four days of extradition proceedings, and objected repeatedly that, consequently, he could not hear the proceedings nor communicate with and instruct his lawyers. Responding to a formal application by Mr Assange's lawyers, the judge denied Mr Assange permission to leave the enclosure to sit with them, despite the prosecuting lawyers' assent to the application (6) .

When he returned to Belmarsh after the first day of the extradition hearing, prison authorities strip-searched Mr Assange twice, handcuffed him 11 times, and moved him successively to five different holding cells (4;7;8) . Mr Assange's court documents were also seized, including legally privileged, client-lawyer communications.

Subsequently, Mr Assange attended only one of the five following hearings, and did so by videolink. The videolink was terminated early, before the hearing had concluded. Mr

Assange has since missed four following hearings because of COVID-19-related restrictions and medical risks and has not been seen in court either in person or by videolink since March 25, 2020. Moreover, with the second phase of his extradition proceedings imminent, UK prison lockdowns due to COVID-19 have eliminated prison visits (9;10), preventing Mr Assange from meeting with his lawyers to prepare for future proceedings.

In a further stripping of self-protection, during an emergency bail hearing in light of COVID-19, the judge lifted an anonymity order, despite the objections of Mr Assange's lawyers, which was in place to protect the privacy of Mr Assange's fiancée, Stella

Morris, and their two children (11;12) . Shortly before the protection afforded by the court order was due to lift, Ms Morris made the family's story public.

These events and others have intensified the pattern of irregularities and excesses documented by Professor Melzer, causing escalations in imposed helplessness, arbitrariness, threat and isolation, all key components of Mr Assange's psychological torture.

Given the rapid spread of COVID-19 in the UK, with prisons acting as a "breeding ground" for infectious diseases, Mr Assange is at grave risk of contracting, and succumbing to, coronavirus. Medically, the risk must be assumed to be elevated significantly beyond that of the general prison population, due both to his chronic respiratory condition and to his history of psychological torture and medical neglect, resulting in high likelihood of his immune system being severely compromised.

Further, Mr Assange is non-violent, he is being held on remand, he is not serving a sentence for a crime, and he is being arbitrarily detained according to the UN Working Group on Arbitrary Detention (13) . Thus, he meets the criteria for prisoner release recommended internationally by human rights and lawyers' associations to contain the spread of COVID-19 and to protect the vulnerable (14-16). Accordingly, a bail plan was presented to the court involving monitored home detention for Mr Assange, with his fiancée and their children.

Nevertheless, District Judge Vanessa Baraitser denied Mr Assange bail. This decision, as we stated following the bail hearing (17), has meant that under prison lockdown Mr Assange is held in solitary confinement for 23 hours a day (18). He was also denied a radio for several months. Having first ordered a radio from a prison catalogue six months ago, and after a friend of Mr Assange had tried to send one to him, only for it to be returned, Mr Assange received a radio on 16 June 2020 (19). Isolation and understimulation are key psychological torture tactics, capable of inducing severe despair, disorientation, destabilisation and disintegration of crucial mental and psychological functions (20).

As a person incarcerated solely for publishing activity, continuing to hold Mr Assange under these conditions represents the torture of a publisher and journalist. In the context of attacks against and arrests of journalists at the recent global protests, his treatment and the precedent it sets are of international concern.

Call to action. We have witnessed these unfolding developments with alarm. Since our We therefore reiterate our demand for an end to the torture and medical neglect of Julian Assange. We join the world's leading authorities on human rights and international law calling for his immediate release from prison. It is not possible to treat torture victims without first removing them from the circumstances of their torture. We note that IBAHRI has stated that, in view of Mr Assange being a victim of psychological torture, his extradition to the US would be illegal under international human rights law.

A World Psychiatric Association (WPA) position statement emphasises the fact that withholding appropriate medical treatment can itself amount to torture (29) . Thus, the ongoing failure to properly treat Mr Assange may amount to an act of torture in which state officials, from parliament to court to prison, risk being judged complicit. Under the Convention Against Torture those acting in official capacities can be held complicit and accountable not only for perpetration of torture, but for their silent acquiescence and consent (30) . In the UK, such complicity is prohibited not only under the Convention Against Torture but also under Article 3 of the European Convention on Human Rights (ECHR) and section 134 of the Criminal Justice Act 1988. Under the latter, it is an offence for any public official to "intentionally inflict severe pain or suffering on another in the performance or purported performance of his official duties (31)."

As IBAHRI Co-Chair, the Hon Michael Kirby AC CMG, commented on March 10, 2020:

"The IBAHRI is concerned that the mistreatment of Julian Assange constitutes breaches of his right to a fair trial and protections enshrined in the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, to which the UK is party. It is deeply shocking that as a mature democracy in which the rule of law and the rights of individuals are preserved, the UK Government has been silent and has taken no action to terminate such gross and disproportionate conduct by Crown officials. As well, we are surprised that the presiding judge has reportedly said and done nothing to rebuke the officials and their superiors for such conduct in the case of an accused whose offence is not one of personal violence. Many countries in the world look to Britain as an example in such matters."

Dr Allen Keller, Director of the Bellevue/NYU Program for Survivors of Torture, has said that "As physicians, we have a crucial role to play in promoting human rights (32) ," and Professor Leonard Rubenstein, of the John Hopkins Berman Institute of Bioethics, stresses that "the medical community as a whole needs to speak out far more forcefully against torture (33) ." We have a professional and ethical duty to speak out against torture, report past torture, to stop present torture and to prevent future torture.

Assange's torture may well facilitate his death (34) . The silence must be broken.

If not now, then when? Please join us, before it is too late (35) .

(14) Amnesty International. UK: Assange bail application highlights COVID-19 risk to many vulnerable detainees and prisoners. https://www.amnesty.org/en/latest/news/2020/03/uk-assange-bail-application-highlights-covid19-risk-to-many-vulnerable-detainees-and-prisoners/ . 25-3-2020.

(15) Reporters without borders. UK: Adjournment of Julian Assange's US extradition hearing considered amidst coronavirus concerns. https://rsf.org/en/news/uk-adjournment-julianassanges-us-extradition-hearing-considered-amidst-coronavirus-concerns . 27-4-2020. (24) Reporters without borders. #Free Assange: Sign against Julian Assange's extradition to the United States! https://rsf.org/en/free-assange . 14-2-2020.

(25) The Freedom of the Press Foundation. The Trump administration's indictment of Julian Assange threatens core press freedom rights. https://freedom.press/news/trumpadministrations-indictment-julian-assange-threatens-core-press-freedom-rights/ . 11-4-2020.

(26) Amnesty International. USA must drop charges against Julian Assange. https://www.amnesty.org/en/get-involved/take-action/julian-assange-usa-justice/ . 21-2-2020. formal application, which she would hear on day 3 d. On day 3, following Assange's lawyers' submissions, which were reportedly not contested by the opposing lawyers, the judge, reportedly reading from a pre-prepared ruling, denied the application for Assange to leave the enclosure and sit with his lawyers e. The judge further ruled that Assange would remain in the glass enclosure for the duration of the extradition hearing, including phase 2 f. https://www.wsws.org/en/articles/2020/02/28/assa-f28.html g. https://www.craigmurray.org.uk/archives/2020/03/thearmoured-glass-box-is-an-instrument-of-torture/ 5. On day 2 of the hearing, one of Assange's lawyers left the courtroom and moved to "shake hands" with Assange through a slot in the glass enclosure a. As Assange stood to meet the gesture, the security guards in the enclosure physically forced him back into his seat, preventing any contact with his lawyer b. https://www.craigmurray.org.uk/archives/2020/02/your-man-inthe-public-gallery-assange-hearing-day-2/ 6. The extradition treaty between the UK and the US proscribes extradition on the basis of political offenses, and the domestic UK Extradition Act was passed into law on the basis of this Treaty. Nevertheless, the judge asserted that: a. The domestic UK Extradition Act does not mention political offenses as an exemption b. The court was not bound by the US-UK Treaty under which extradition is being sought, only the UK Extradition Act c. Therefore, she appeared to indicate that she would extradite defendants to the US for purely political offences 7. The court heard that the US will place Assange under "Special Administrative Measures" in the US if extradited a. https://21stcenturywire.com/2020/02/19/pilger-julian-assangemust-be-freed-not-betrayed/ 52. Special Administrative Measures (SAMs) are among the most extreme forms of solitary confinement and isolation known, described by the Centre for Constitutional Rights as "far more restrictive than even the most severe conditions found in most established legal systems" https://ccrjustice.org/sites/default/files/attach/2017/09/SAMs%2 0Report.Final_.pdf b. A Yale Law School report from 2017 details SAMs' violations of both US and international law: https://law.yale.edu/sites/default/files/area/center/schell/docum ent/sams_report.final.pdf

End torture and medical neglect of Julian Assange

State Responsibility for the Torture of Julian Assange

International Bar Association. IBAHRI condemns UK treatment of Julian Assange in US extradition trial

Your Man in the Public Gallery -Assange Hearing Day 2

Julian Assange asks to sit with lawyers for extradition case

The Armoured Glass Box is an Instrument of Torture

Live Updates from London: Assange Extradition Hearing Adjourned until

WikiLeaks founder Julian Assange misses UK hearing as 'unwell with respiratory problems

julianassange's partner @StellaMoris1 says he's in his cell at HMP Belmarsh 23 hours a day

Judge refuses to grant Wikileaks founder's partner anonymity in extradition case

United Kingdom: Working Group on Arbitrary Detention expresses concern about Assange proceedings

WPA Position Statement on Banning the Participation of Psychiatrists in the Interrogation of Detainees

United Nations Office of the High Commissioner for Human Rights. Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment

Human rights and advocacy: an integral part of medical education and practice

The medical community's response to torture

Doctors for Assange

General Surgery

Forensic Child and Adolescent Psychiatrist

MA MD FRCP Independent writer and humanitarian physician; Visiting Lecturer in Nephrology at the University of Ulster

Dental Surgeon

Assange to exercise in the prison gymnasium with other inmates c. https://www.theguardian.com/media/2020/feb/23/julianassange-was-harassed-by-cell-search-claims-father d. https://www.youtube.com/watch?v=F_Dj0nLl9Xw 2. On Assange's return to HMP Belmarsh after day 1, authorities: a. Strip searched Assange twice, moved him between 5 holding cells, and handcuffed him 11 times b. Seized his legal papers including privileged communications 3. When Assange's lawyers objected to this treatment, the judge claimed no authority to ensure humane treatment of prisoners, despite both Assange's and the US' lawyers noting that such practice is commonplace and urging her to "send a message" to prison authorities that his treatment was unacceptable https://assangecourt.report/day-2-morning 4. Assange, as a defendant in a US extradition request relating to his work as a journalist, was forced to sit in an armoured glass enclosure, which inhibited his ability to hear the proceedings and communicate with his lawyers a. Assange made appeals regarding his inability to participate in his own defence on days 1 and 2 b. On day 2, his lawyers requested that Assange be permitted to leave the enclosure to sit with them c. The judge refused, inviting Assange's lawyers to make a

1. Phase 2 of extradition hearing set to begin 18 May 2020 2. Assange will be confined to the glass enclosure for future phases of extradition hearing

Key events 1. Assange's lawyers requested bail on the basis that Assange is non-violent, he is being held only on remand, he is not convicted of a crime, he is not awaiting sentencing, and he is at increased risk for contracting COVID-19 and suffering severe sequalae and/or death 2. His lawyers also presented a bail release plan to live with his partner, their children, and his own father (Mr Shipton) 3. Assange himself appeared by videolink, which was terminated after about an hour, rendering him unable to follow the remainder of his own hearing 4. The judge denied reason to question existing prison procedures regarding COVID-19, despite widespread concern about poor management of coronavirus in prisons at the time; https://www.theguardian.com/society/2020/mar/25/releaseprisoners-or-face-jail-pandemic-says-chief 5. The judge ignored Assange's increased risk for COVID-19 Result 1. Assange to remain in HMP Belmarsh, his bail request being denied despite all the arguments in favour 2. First UK prisoner death due to COVID-19 announced the next day

1. UK Bureau of Prisons (BOP) announces policy for the release of up to 4,000 prisoners 2. The policy requires that a prisoner is serving a custodial sentence 3. Prisoners on remand awaiting sentencing will have their sentencing expedited 4. The policy thereby excludes Assange, because he is neither serving a custodial sentence nor is he awaiting sentencing 5. A reporter asked the BOP specifically about Assange, and received an official statement that Assange is not eligible as he is not serving a custodial sentence and therefore will not be released https://www.sbs.com.au/news/despite-prisoner-coronavirus-fearsuk-government-won-t-release-julian-assange ResultAssange not released from HMP Belmarsh as COVID19 cases and deaths within and without UK prisons rapidly mount More issues with open justice: during the postponement, the court placed on hold seven journalists and observers participating by phone. Court clerk reportedly failed to unmute the call after the delay and the journalists and observers missed the proceedings entirely d. The six journalists and members of the public above includes i) Reporters without Borders (RSF) UK Bureau Director Rebecca Vincent ii) Stefania Maurizi iii) Doctors for Assange observers 5. Assange was reported to be too unwell to appear in person or by videolink 6. Lewis said July was not good for prosecution a. Dobbins for prosecution assisting w/child abuse inquiry b. American prosecutors need to fly over and flights doubtful c. Lewis has some "public duties" at end of July 7. Fitzgerald said November too late and July "perhaps unworkable" a. Mr Summers and a key witness not available in July b. A further date in August is a problem too 8. The judge acknowledged July will not work; noted good availability 24 in August 9. Fitzgerald said first three weeks of August unworkable 10. Lewis said prosecution prefers September 11. Hearing date set for "approximately" September 12. Hearing will be moved to another Crown Court a. Possibly outside London b. Judge said it will "take some negotiation" to find another court that is willing and available in September because of "current climate" 13. Assange protest outside Westminster Magistrates Court was broken up by UK special operations officers and Metropolitan Police within 30 minutes after the hearing ended a. The police deemed the protest "unlawful" under COVID-19 legislation b. Documentation of special operations involvement in addition to the metropolitan police: i) https://twitter.com/Tareq_Haddad/status/125765144946872 3201 ii) https://thewatchdog.net/2020/05/04/special-operationsofficers-disperse-assange-supporters-as-u-s-extraditioncase-delayed-for-months/ Results 1. Search on for a court for the hearing in September a. Judge said she would have a new date/location by Friday 8 May 2020, and communicate that information by email to the two parties then b. Likely it will be a court outside London 2. It is likely that the new restart date is 7 September 2020 3. Next "callover" for Assange will take place on June 1

New date and court venue will not be confirmed on Friday , a. Both psychiatric reports on Assange -prosecution and defence -will be due on July 31. b. New defence skeleton argument due on August 25 c. New prosecution skeleton argument due on September 1 5. Assange remains at extreme risk for COVID-19 6. Assange remains unable to participate in his own case proceedings

Key events 1. Guardian publishes article detailing the impact of the 2010 Collateral Murder video 2. The event depicted in the video was a US Apache helicopter gunning down Iraqi civilians and two Reuters journalists 3. The helicopter also shot up a van that came to rescue the victims who were still alive after the first round of gunfire 4. That van had two children as passengers who were both severely wounded 5. The article describes the Reuters station chief in Baghdad--Dean Yates--seeking answers from the US military about the killings 6. Two US Army generals lied about the event and denied him the video 7. Yates filed Freedom of Information Act requests for the video, which were turned down 8. Yates recounts how the WikiLeaks release of the video exposed the US military's lies and cover up of the events depicted in the video